USCIS Clarifies $100,000 H-1B Fee: Who Really Has to Pay

What Happened

The immigration community was shaken when a new presidential proclamation introduced a $100,000 supplemental fee for H-1B visa petitions filed on or after September 21, 2025.

In response to widespread confusion, U.S. Citizenship and Immigration Services (USCIS) has now issued official guidance explaining who is exempt and who must pay.

Who Is Exempt from the $100K Fee

According to USCIS:
Current H-1B workers filing extensions, amendments, or renewals are not required to pay the new fee.
F-1 students and L-1 intracompany transferees changing status to H-1B within the United States are exempt.
Petitions filed before September 21, 2025 are not affected.

In short — the surcharge targets brand-new H-1B petitions from applicants outside the U.S., not those already maintaining lawful visa status here.

Why This Clarification Matters

When the rule was first announced, employers and workers alike feared that even routine extensions or change-of-status filings would trigger a six-figure fee — potentially crippling U.S. employers’ ability to retain skilled talent.

The USCIS clarification provides some relief by confirming that existing visa holders and internal status changes remain unaffected. However, companies initiating new H-1B filings from abroad will need to plan for the substantial new cost.

Key Takeaways

• The $100K H-1B fee applies only to new petitions filed after Sept 21, 2025.

• Current H-1B, F-1, and L-1 holders changing or extending status inside the U.S. are exempt.

• The policy goal appears aimed at deterring new H-1B filings, not punishing existing workers.

• More guidance is expected on cap-exempt employers and consular processing.

What Employers and Applicants Should Do

If you or your company plan to file a new H-1B petition, consult with an immigration attorney early to evaluate:

• Filing timelines before the effective date

• Eligibility for exemption or cap-exempt status

• Budget implications and alternative visa options

Need Guidance on the H-1B Fee Rule?

At PH Law Group, we help employers and professionals navigate evolving USCIS policy with clarity and strategy.
 Contact us to discuss how this update affects your business or immigration plans.